RSI Corporation v. International Business Machines Corporation et al

Filing 241

STIPULATION AND ORDER 235 Continuing Certain Pre-Trial Deadline: Motion Hearing set for 3/1/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 12/14/12. (jg, COURT STAFF) (Filed on 12/14/2012)

1 SEVERSON & WERSON
Forrest Booth (Bar No. 74166)
[e-mail]
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Pamela L. Schultz (Bar No. 269032)
[e-mail]
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One Embarcadero Center, 26th Floor
4 San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
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6 Attorneys for Plaintiff RSI Corp.
7 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Shon Morgan (Bar No. 187736)
[e-mail]
8
Scott Commerson (Bar No. 227460)
[e-mail]
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865 South Figueroa Street, 10th Floor
10 Los Angeles, California 90017-2543
Telephone:
[phone]
Facsimile:
[phone]
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12 Attorneys for Defendant
International Business Machines Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

17 RSI CORP., dba RESPONSIVE SYSTEMS
COMPANY, a New Jersey corporation,
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Plaintiff,
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vs.
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INTERNATIONAL BUSINESS MACHINES
21 CORPORATION; and DOES DEFENDANTS
1-20,
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Defendants.
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CASE NO. 5:08-cv-3414 RMW (PVT)
STIPULATION AND [] ORDER
CONTINUING CERTAIN PRE-TRIAL
DEADLINES
Filing Date: February 15, 2008
Trial Date: March 18, 2013

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00889.20502/5056403.1

Case No. :08-cv-3414 RMW (PVT)
STIPULATION AND [] ORDER CONTINUING CERTAIN PRE-TRIAL DEADLINES

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WHEREAS, on July 27, 2012, the Court reset the trial date in this matter to March 18,

2 2013, the date for a pretrial conference to March 7, 2013, and the fact discovery cutoff to
3 November 21, 2012;
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WHEREAS, International Business Machines Corporation ("IBM") has requested that RSI

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5 Corp. (“RSI”) consent to additional time to complete discovery; and

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WHEREAS, the Parties have agreed on a schedule to extend certain pre-trial deadlines to

7 provide more time to conduct the discovery that remains, which schedule is set forth below as
8 stipulated;
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It is therefore stipulated between the Parties that:

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1.

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The fact discovery cutoff be continued from November 21, 2012 to January 18,
2013;

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2.

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The date for exchange of expert disclosures be continued from December 14, 2012
to January 31, 2013;

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3.

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The date for exchange of rebuttal expert disclosures be continued from January 9,
2013 to February 21, 2013;

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4.

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The date for a final hearing on any dispositive motions be continued from February
1, 2013 to March 1, 2013;

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5.

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The deadline to hold a settlement conference be continued from February 15, 2013
to February 28, 2013; and

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6.

The pretrial conference and trial dates shall remain as set.

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1

IBM has also raised with RSI the extreme burden of complying with the Court’s Order on
Discovery Order No. 1, and the impossibility of completing the ordered discovery before the
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current trial date. IBM anticipates that issues pertaining to Discovery Order No. 1 will need to be
27 addressed separately with the Court, and that a further continuance will be necessary. RSI does
not agree.
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00889.20502/5056403.1

Case No. :08-cv-3414 RMW (PVT)
STIPULATION AND [] ORDER CONTINUING CERTAIN PRE-TRIAL DEADLINES

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DATED: November 19, 2012

SEVERSON & WERSON

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By s/Forrest Booth
Forrest Booth
Attorneys for Plaintiff RSI Corp.

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6 DATED: November 19, 2012

QUINN EMANUEL URQUHART & SULLIVAN,
LLP

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By s/Shon Morgan
Shon Morgan
Attorneys for Plaintiff RSI Corp.

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11 IT IS SO ORDERED.
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15 Date; 12/14/12

Hon. Ronald M. Whyte

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00889.20502/5056403.1

Case No. :08-cv-3414 RMW (PVT)
-2
STIPULATION AND [] ORDER CONTINUING CERTAIN PRE-TRIAL DEADLINES